Umacharan Ojha vs The State Of Madhya Pradesh
2022 Latest Caselaw 14676 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
              HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                        ON THE 11th OF NOVEMBER, 2022

                    WRIT PETITION No. 21682 of 2022

        BETWEEN:-
        UMACHARAN OJHA S/O SHRI RAMSWAROOP
        OJHA, AGED ABOUT 62 YEARS, OCCUPATION:
        RETIRED FROM THE POST OF ASST RING
        OPERATOR     SHIV   COLONY     BEHIND
        COOPERATIVE BANK PINTO PARK NO 2 GOLE
        KA MANDIR GWALIOR (MADHYA PRADESH)

                                                                .....PETITIONER
        (BY SHRI NITIN AGARWAL - ADVOCATE )

        AND
1.      THE STATE OF MADHYA PRADESH THROUGH
        ITS PRINCIPAL SECRETARY VALLABH BHAWAN
        BHOPAL (M.P.) (MADHYA PRADESH)

2.      ENGINEER   IN  CHIEF PUBLIC HEALTH
        ENGINEERING DEPARTMENT JAL BHAWAN,
        BAANGANGA, BHOPAL (MADHYA PRADESH)

3.      CHIEF       ENGINEER PUBLIC    HEALTH
        ENGINEERING DEPARTMENT NEAR WATER
        TANK, MORAR, GWALIOR (MADHYA PRADESH)

4.      EXECUTIVE ENGINEER     PUBLIC HEALTH
        ENGINEERING       DEPARTMENT GWALIOR
        DIVISON (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI P.S.RAGUVANSHI - GA )

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following relief:

(i) That, the impugned order dated 09.05.2017 (Annexure P-1) passed by the respondent No.3 may kindly be quashed.

(ii) That, the respondents may kindly be directed to grant all the benefits including regular pay scale to the petitioner arising out of the classification order dated 15.10.2004 from the date of completion of 240 days of service till the date 01.09.2016.

(iii) That, other relief doing justice including cost be ordered. By impugned order dated 09.05.2017 classification order issued in favour of the petitioner has been cancelled. It is submitted by the counsel for the petitioner that this petition is covered by judgment dated 26.08.2021 passed

by coordinate Bench of this Court in W.P. No.4018/2020 (Kamta Prasad Vs. State of Madhya Pradesh and others). The said order was challenged by the State by filing W.A. No.1166/2021 which too has been dismissed by the Division Bench of this Court by order dated 03.03.2022 and the order passed by the Writ Court was maintained except the cost which was imposed. Thus, it is submitted that in the light of the order passed in the case of Kamta Prasad (supra), the impugned order of cancellation of classification order is liable to be quashed.

Per contra, counsel for the State could not point out any distinguishable aspects and also admitted that the case in hand is duly covered by order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra).

Heard the learned counsel for the parties.

The controversy involved in the present case is duly covered by the order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra). The order of classification of the petitioner was also cancelled after a direction was given to decide the representation for extending the benefit of

minimum of pay scale as directed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and others reported in (2017) 3 SCC

In absence of any distinguishable features, this petition is also allowed in the terms and conditions of the order dated 26.08.2021 passed in W.P. No.4018/2020 and the impugned order dated 09.05.2017 by which the classification order of the petitioner was cancelled is hereby quashed.

No order as to cost.

RAM KUMAR SHARMA 2022.11.12 10:44:21 +05'30'

(MILIND RAMESH PHADKE) JUDGE Rks